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We're just getting ready for the Christmas season, and we're starting to see many companies launch their promotional campaigns. Some are starting raffles, giveaways, and even small concerts to motivate their customers and the general public to buy and acquire their products. In order to carry out these activities, certain legal requirements must be met; therefore, we've prepared this short article that may be of interest to you.
In Honduras, according to law, commercial companies, individual merchants, or individuals wishing to conduct promotions, raffles, drawings, and other similar activities must register in the Special Registry managed by the Departmental Regime Directorate of the Secretary of State in the Office of the Interior, Justice, and Decentralization. The purpose of this registry stems from the need for businesses and users in general to validate the authenticity of their activities. This Directorate also provides greater oversight of all individuals and legal entities that carry out these activities.
Once the aforementioned registration has been completed, or even at the same time, an application must be submitted to the Departmental Regime Directorate, in which the intended activity must be specifically stated, accompanied by a detailed list of all the rules of the game for the activity to be carried out.
Among the rules that should be mentioned are: * The exact date the activity will take place; * The method or location of ticket sales, whether through forms, the purchase of a specific item, or any other method. These requirements are essential, as they are what define the exact conditions of the activity, and an activity with clear rules will be protected from any future claims.
Once the activity is authorized, the planned activities can be carried out legally. It is recommended that the authorization request be submitted at least fifteen days in advance of the event date. It is important that a member of the Departmental Regional Directorate be requested to attend the event on the day of the event to act as a public attestation.
By carrying out one of these activities without authorization from the competent authority, one would incur civil, administrative, and even criminal liability. This arises from the claims that could arise as a result of the activity by users, for example, who may have won a prize and the event organizer fails to award it within the established timeframe. Upon learning of this, the authorities of the Regional Departmental Directorate will refer the case to the Public Prosecutor's Office for further investigation. This does not limit the actions that the affected user could pursue as the offended party.
For all the above reasons, LEXINCORP recommends making these requests in order to ensure the prevention of any future inconvenience; requests that by law must be submitted through a legal representative, for which LEXINCORP Honduras is at your disposal to support you whenever you wish to carry out any of the activities listed and, in general, any other in which you need assistance; you can contact us through our different social networks or through our emails.bzelaya@lexicorp.comandjarevalo@lexincorp.comthrough which we can clarify any doubts or concerns related to this and other legal issues of interest to you.
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